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LONG v. NEWLIN

Docket No. 21552.

144 Cal.App.2d 509 (1956)

301 P.2d 271

STANLEY LONG, Appellant, v. GEORGE E. NEWLIN et al., Respondents.

Court of Appeals of California, Second District, Division One.

September 19, 1956.

Attorney(s) appearing for the Case

John C. Packard and Arthur C. Fisher for Appellant.

Paul L. Zimmerman, Arthur M. Bradley and Francis C. Whelan for Respondents.

WHITE, P.J.

This is an action upon a common count for money had and received. It was instituted to recover the sum of $40,000 allegedly had and received by defendants for the use of J.F. Burke, plaintiff's assignor. By their answers defendants denied any indebtedness to plaintiff or his assignor.

The cause was tried upon the theory that defendants by false and fraudulent representations obtained from J.F. Burke the sum of $36,276.55 to form a partnership or...

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